IO 



The National Geographic Magazine 



only interruption being an adjournment 

 upon the announcement of the death of 

 Sir Michael H. Herbert, the British 

 Ambassador in Washington, and to at- 

 tend the funeral services held in mem- 

 ory of this young and brilliant diplo- 

 matist, who had united in framing and 

 signing the treaty by which the Trib- 

 unal was created. 



The time consumed in the oral argu- 

 ment may attract the notice of lawyers 

 who are accustomed to the more expe- 

 ditious methods in our domestic courts, 

 the Supreme Court of the United States, 

 for instance, rarely permitting argu- 

 ments, even in important cases, to ex- 

 tend beyond two or three days ; but 

 such a period is not unusual in inter- 

 national tribunals. In the Fur Seal, or 

 Bering Sea arbitration at Paris in 1893, 

 the oral argument occupied forty-three 

 days. 



A noticeable feature of the London 

 Tribunal was the marked contrast in the 

 manner of argument or delivery be- 

 tween the British and American law- 

 yers. The former were very deliberate 

 in speech, rarely raising the voice, ac- 

 centuating words, or using gestures, 

 they sought to impress the court by 

 their careful presentation of the facts 

 and the cogency of their reasoning. 

 This method was doubtless very effect- 

 ive, but when it extended in the person 

 of one advocate through six or seven 

 days it became somewhat tedious. On 

 the other hand, the American counsel 

 were vigorous in speech, frequent in em- 

 phasis, and somewhat active in gesture. 

 They did not hesitate to indulge in a 

 witticism to impress a point, and some- 

 times even ventured upon an amusing 

 anecdote to illustrate their argument, 

 which seemed to be welcomed by the 

 court and enjoyed by the opposing 

 counsel. 



It is gratifying to note that during the 

 entire sessions of the Tribunal the ut- 

 most good feeling and courtesy pre- 

 vailed, not a single untoward incident 



occurring to mar the harmony of the 

 proceedings. 



The oral argument was closed on Oc- 

 tober 8, after which the Tribunal went 

 into secret session. On October 20 its 

 decision was delivered to the two agents 

 representing their respective govern- 

 ments. As the treaty which provided 

 for the adjudication and created the Tri- 

 bunal did not go into effect till March 

 3, 1903, the entire proceedings occupied 

 less than eight months, which consti- 

 tutes an instance of promptness in inter- 

 national adjudication of magnitude and 

 gravity almost without parallel. 



As I have already given the substan- 

 tial results of the decision, it is hardly 

 necessary to repeat or elaborate them. 

 The engrossed decision or award in du- 

 plicate was signed by Lord Alverstone 

 and the three American members. The 

 decision was accompanied by a series of 

 five maps indicating thereon the bound- 

 ary as set forth in the decision. These 

 maps were attested by the signature of 

 all the six members of the Tribunal. 



The two Canadian members have been 

 criticised, too severely, I think, for their 

 action in refusing to sign the decision. 

 They might find their defense in the 

 language of the treaty itself, which 

 says: " The decision . . . shall be 

 signed by the members of the Tribunal 

 assenting to the same." They also 

 might cite distinguished precedents for 

 their conduct. The Lord Chief Justice 

 of England, Sir Alexander Cockburn, 

 who represented Great Britain on the 

 arbitration tribunal at Geneva which 

 adjusted the Alabama claims, not only 

 refused to sign the award, but accom- 

 panied it with a vigorous protest and 

 rather unseemly conduct.* A similar 



*Hon. Caleb Cashing, one of the American 

 counsel, in referring to the closing session of 

 that Tribunal, said: "To the universal expres- 

 sion of mutual courtesy and reciprocal good 

 will there was but one exception, and that ex- 

 ception too conspicuous to pass without notice. 

 The instant that Count Sclopis [the Presi- 

 dent] closed, and before the sound of his last 



